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(영문) 창원지방법원 2015.09.16 2015노499
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the process of getting the victim E away from the center, the Defendant only prevented the victim from facing with his head by hand, and there is no intention of injury.

Even if the victim was injured, the victim suffered injury.

Even if the defendant fights against the victim, it should be viewed as a legitimate act, since the defendant was forced to take the victim to fight.

Therefore, the judgment of the court below which convicted the defendant even though the crime of injury was not constituted, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Determination

A. Determination 1 on the assertion that there was no intention of injury is revealed the following circumstances according to the evidence duly adopted and examined by the court below and the court below. A) The victim consistently testified from the police to the court below that the defendant was faced with the wall by cutting down the part of the victim's neck and then pushed down toward the wall with the wall. Since the victim was diagnosed with the hospital for about eight weeks, the victim was diagnosed with the hospital, and the victim was diagnosed with the hospital for about eight weeks, the name of the victim who was diagnosed with the victim as requiring medical treatment is "the frame, closure, etc. of the offline of the offline back," "the front ion of the front gate, the front ion of the front gate and the front ionion of the front gate," and "the front ion of the front gate and the front gate."

B) The Defendant stated that “the victim’s left arms are removed and removed by stating that “the victim’s left arms are cut off, and the victim was faced with the wall while getting the center in that process,” thereby exercising the physical force of the victim, and the victim was faced with the wall in that process. At the time, the Defendant stated that “A, who was dissatisfied with the victim’s statement, she saw the victim’s body during the process of taking the victim’s left hand, she saw that “A, who was dissatisfied with the victim’s statement, she was faced with the victim’s body during the process of taking the victim’s left hand, she saw the victim’s body and faced the shoulder on the wall,” and that “A, who was dissatisfied with the victim’s statement, she committed a tort against the Defendant and A.

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